Writ petitioner challenged an auction notice by cooperative society assistance registrar. Court held petition infructuous as auction date had passed, dismissing it while reserving liberty for society to recover dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 25747 OF 2023 (CS-RES)
BETWEEN:
…PETITIONER
(BY SRI. AJAY KUMAR N.,ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SIDDHARTH BABURAO, AGA FOR R1 SRI DADAKALANDER T, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED AUCTION NOTICE DTD 5.10.2023 (ANNX-A) PASSED BY THE R-1 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition is filed challenging the auction sale notice dated 5.10.2023 fixing the date of auction as 23.11.2023.
NC: 2023:KHC:46252 WP No. 25747 of 2023
if any.
Sd/JUDGE
ND List No.: 1 Sl No.: 50
1 issue framed by the court
Whether a writ petition challenging an auction notice becomes infructuous if the auction date fixed in the notice has passed when the matter is heard?
MR S PRAKASH
THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES RECOVERY OFFICER, DIVISION-I, SAHAKARA SOUDHA
THE SAHAKARANAGARA CREDIT CO-OPERATIVE SOCIETY NO.415/3
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
